jenna: "america live" starts right now. megyn: fox news alert on questions surrounding an arrest at the office of powerful united states senator as one of his former interns is taken into custody. welcome to "america live," everyone, i'm megyn kelly. fox news has confirmed that new jersey democrat robert menendez employed an unpaid intern who was not only in this country illegally, but was apparently a registered sex offender. senator menendez says he just learned about the situation this week, but according to the associated press, immigration and customs enforcement, i.c.e., first learned about this intern back in early october. they then notified their superiors at the department of homeland security, and an ap source -- described as an official -- says that the department of homeland security instructed i.c.e. not to arrest this guy until after election day. when contacted by fox news, homeland security denied that allegation that the arrest was delayed until after election day, but clearly this is all just coming to th